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03-03-09 Item 2eSouth Miami All-Am i .l .,_ •� CITY OF SOUTH MIAMI t� • �NCORPORAT P OFFICE OF THE CITY MANAGER I t927 INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun , City Manager From: Sanford A. Youkilis, Acting Planning Directo Date: February 3, 2009 ITEM NO _ Subject: Annual Report on Project Sunset Project Project Summary In March, 2005 the City Commission approved a mixed use project entitled "Project Sunset" located at 5750 Sunset Drive. The project is a unified development covering 2 1/2 blocks (4.5 acres) in-the Hometown District. It includes 108 residential units and 87,212 square feet of commercial space. The approval included. the approval ( by resolution) of a two special exceptions to allow lot coverage and building square footage to exceed the maximums permitted and to allow four drive- though teller lanes where only two are permitted. A second item approved was an ordinance to accept a site plan for the project and a Development Agreement pursuant to Florida Statutes 163.3220- 163.3243. Project Status The project is not under construction as the developer is in the process of requesting changes to the site plan, the special exceptions granted and the Development Agreement itself. The changes have been recommended for approved by the Planning Board and are scheduled for consideration by the City Commission in February. The name of the project has been changed to "First on Sunset ". Effective Date The Development Agreement, although adopted by the City in March 2005 was not signed (executed) by both parties until December 26, 2007.. The recordation was done on February 7, 2008 which is. legally considered the effective date of the Development Agreement (Section 3, Development Agreement). The developer had.20 days from the signing date to record the agreement in the County's Public Records (Section 35). , Annual Report The Agreement includes a requiring the submission by the developer of an annual report on the anniversary of the effective date of the Development Agreement (Section 27). It is essentially a status report showing that obligations have been met and that there has been compliance with the provisions of the Agreement. The annual report must be reviewed by the City Commission at a public meeting. The City Commission may accept the report or if there is a finding by the Commission that there has been a failure to comply with the terms of the Development Agreement, the Agreement may be revoked or modified by the City. The project developer, South Miami Corporation, has submitted the required annual report in the It is attached ,form of a letter from the developer's attorney Jerry Proctor, Esq. dated January 8, 2009. N to this cover memo. A summary of progress made on the major obligations of the developer is contained in the cover letter. The executed Development Agreement is attached as part of the report. Administration Observations (1) There is a 33 month period between approval of the Development Agreement by the City Commission in March, 2005 and the official signing of the document by both parties in December, 2007. It is important to note that shortly after the project was approved by the City Commission in 2005 the developer began considering major changes in the scope of the project, phasing of the project, and the architectural design of the project. A new architectural firm was eventually hired. (2) The Administration has been able to determine that the Planning Director in 2005 -2006 insisted upon the signing of the Agreement by the developer. However, the developer based upon their, concerns about re- designing the project did not sign the Agreement. In early December 2007 the City's Planning Director at that time discovered that the document had not been signed (executed) and insisted that the Agreement be executed immediately. This was done by the City and the developer on December 26, 2007. There are no State laws or sections in the Development Agreement itself which regulate when an agreement must be executed or signed. (3) It must be pointed out that the Developer did not comply with Section 35 of the Development Agreement which requires the developer to record the executed agreement within 20 days after the agreement is signed by both parties (December 26, 2007). A total of 43 days elapsed before the developer recorded the document on February 7, 2008. Attachments: Annual Report from developer 118109 Development Agreement SAY X.•IComm 1temsU0091L3- 091Bank Project Annual Rep CMreport.doc '` SQUTy • INCOR►O -WD tQK�O CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING MIAMI DAILY BUSINESS REVIEW NOTiC SHERE ill conduct the Public H Commission Hearings at is regulfSouty Miami;' Florida will conduct Public Hearings at its regular City Published Daily except Saturday, Sunday and Commission meeting scheduled for Tuesday, March 3, 2009 beginning Legal Holidays at 7:30.-P.m. in the City Commission Chambers, 6130 Sunset Drive, to Miami, Miami -Dade County, Florida consider the following items: STATE OF FLORIDA COUNTY OF MIAMI•DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy'of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING FOR 3/3/2009 in the XXXX Court, was published in said newspaper in the issues of 02/20/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before 20 day of FEBRUARY , A.D. 2009 3 (SEAL) V. PEREZ personally known to me oto-pr �": Noiary Public State of Florida C _ Cheryl H Marmei 1Z f4y Commission DID, 93491, cY;l9iras 07/118 !2 01. 2 at', s;.. �4�r' �, d*,. f3 �Ma`•w'"s�r'.�+,r�`?,+"�,r°w„i tia":�'+tivt,•� Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE - NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE EXPANSION OF REAR BEDROOMS, INSTALLATION OF SWIMMING POOL, AND RELOCATION / RECONSTRUCTION OF WOOD DECK ON A WITHIN THE RESIDENCE AT 6282 CAMBR DGELLAWNS H STORIC DIISTRICT,,IPROVIDING AN EFFECTIVE DATE. Second Readlna Ordinances: AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, SECTION 2 -2.9: ENTITLED 'RESERVED, AND TO RE -TITLE THE PROVISION ANNUAL BUDGET SUPPORT DOCUMENTATION'; PROVIDING FOR CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REVOKING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUTE 163.3225 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT SUNSET" AND NOW IDENTIFIED AS THE 'FIRST ON SUNSET" PROJECT WHICH INCLUDES THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT WITH A NON - RESIDENTIAL FLOOR. AREA RATIO OF .45 AND THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING GAR- AGES;._ ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU §, 40 THRU- 45, 53 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51{ AND 52 OF W. A. LARKINS SUBDIVISION ACCORDING TO THE. PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR PROVIDING O ORDINANCES CONFL CT AND PROVIIDING AN EFFECTIIVEDATE. IN A copy of the proposed development agreement can be obtained at the City Clerk's office at 6130 Sunset Drive in South Miami. If you have any further inquiries on the above items, please contact the Planning and Zoning Department's office at: 305 - 663 -6326 ALL in parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the. testimony and evidence upon which the appeal is to be based. 09- 3- 145/1176929M 2/20. . d a °- _ ti D H 0 c t0 U. C7 r0 fA F- W CIO U z ei c 0 CD CD N a1 M ato , a z c n. iH o N > Z5 fn O O N N O O O ti CmO OMD ' N m a`� 7 (D Z CL E O f-- cn N 0 a d4ch 0) Q W�C) I© N N N 0 __ Y O 0 a Hi - Tech Air Service - FPL Rebates up to $1,285 r� y1M� Adopt a shelter pet and save a life. Give a cat, dog, kinen or puppy a home for life •Get unconditional love in return • Sare on rabies shots and microchipping Fred out how You can adopt a shelter pet. W b mlamidade.9w /animak or x01.1 -1. :7 d _ if ' £ € C a aN a 3 .• ..- 133339 SW 66 Ave. Miami FL 33176 305 - 969 -2600 r=. �a N CITY OF SOUTH MIAMI COURTESY NOTICE .clan aaa. E•.-- .- nu.ti.a r on +sr:..+. re:a. ,narE m t. �..n .E • answE . 'oEr�E cases nnenEr m acme us,xarn a niE u+e °"`n v sw.c roat.x- nuscaa r iamarrinon Train don't chain your best friend i; � - .anutoa aw -a-oEn o-• wsmarcr Eoun -n am nua aan armir *� r•°+"� jpy6161p°006 ' Beginning April 2009, it will be Illegal to keep your dog tttheECd when ,a.raorc>«E an o mrn r.a moE ra vcEw :.sea nnnuv you aren't present. a nn va. n r..o.c was - .aEUUm• m t- .1-nnE nn raw®a m •nowm an-E' -ray — it wilt be vnlawfd to tic a InduNllg aua[t -aermr oopraMmr. u - a-.ua¢ nnaa a • inu -Er-n •om,an nimwn m d �' Io a1Ey d� W 9NC11ua- a k ine. 1—. rk-e pon, garage or shed a-rn san sma ,oms ra. unm mEU.rEir laoacs •seer un.w n na ' by a^Y meant such as ebal -, rape. mtro¢r anry n a•nEr •a-,nr :oafs• r.-an rx:a rows nna euaow;s v m and Mash ar Iomlhlg lion. Hownzr, wu p sn.as r rtn-arn • ao.uaEnaE aia•a• aao n e •N ThE IW Wi 16fS:,n WNW- AEiRmY u.R Uds dlcsn't mean Y•Im -n`i nse a leash nEaa use ona,ars+sola.nt aaa. -canna a.n.E[t to walk a dg. •LL 5011 .mrene I-L-® Ra1nLLV n Aa anaFl M a Eu9 Item oawm.s lnsEnauaannuqutx.ua.aalax � T1.1 feu is Ih.1 dugs L-A INlwsed .:�. •s-w Hai warn lm s,m5tmr.auaa6 tuuv6a son orsmnr- -cafes nrmamrnn a- ossnnaE,a nne.wcum.nsnr.nmESawn 1 and atom ded arc dcpri cd of snWl trdaraak -t and time thry -n'1 rvn 0 _ gEMr.rm:.ef.- e....p.w.•ad..M rr[q dll!y 11Yd dmaMxd, dlry i1P. Zs IInM6 n ^ ^. o.'. a..a °""•, s.a. "- '^.ti""w -.e. - ...n.•.:s...emanans mme likely 1 - lute. So tlr anti- iethorly udani ole can result in firs or bw I.. Veen ended 10 1mlrllrr the ngY dos as eraar- r-.- +e.o.e.are.rw rn, r. Ir:.d..oa .a•.e... :rte ^,Y �ti -�• += ��'°- '-'-d° safety or Ees rIs as —11 as tt* —11. DNlg of pcES. Ikrkne ran�mlrr- train OIo, Uc law is in effect. ft-th d- titchaM. for mme laformnl -n gn l- mianddiM g- v;animals re - 011.1. I .. Story HZNGS470222 System MIAE by CADAMS Time 23:57:06 Data 2/20/09 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice i, � the-mat ter of CITY OF SOUTH MIAMI PUBLIC HEARING - FEB. 17, 2009 in the XXXX Court, was published in said newspaper in the issues of 02/06/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aff lent further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this e� se or ublication in the said newspaper. / Sworn to and subscribed before me this 06 day FEBRUARY , A.D. 2009 (SEAL) O.V. FERBEYRE personally known to me NotAlY Public State of Florida Veronica Perez Mme• a My Commission CC819771 expires xpires 09!0312012 �� q0 UT'rl r r� L> a t o Ktr CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, February 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items: Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATE - NESS PURSUANT TO SECTION 20- 5.19(E)(3) OF THE LAND DEVELOPMENT CODE FOR THE EXPANSION OF REAR BEDROOMS, INSTALLATION OF SWIMMING POOL, AND RELOCATION / RECONSTRUCTION OF WOOD DECK ON A RESIDENCE LOCATED AT 6282 MILLER DRIVE WITHIN THE —'CAMBRIDGE LAWNS HISTORIC-DISTRICT; PROVIDING AN EFFECTIVE DATE. Second Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO AMENDING THE* CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, SECTION 2 -2.9 -ENTITLED "RESERVED" AND TO RE -TITLE THE PROVISION TO "PROPOSED ANNUAL BUDGET - SUPPORT PROVIDING ICTIVEDAOTE CODIFICATION, . First Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA REVOKING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3225 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS "PROJECT SUNSET" AND NOW IDENTIFIED AS THE "FIRST ON SUNSET ". PROJECT WHICH INCLUDES THREE BUILDINGS UP TO -FOUR (4) STORIES IN HEIGHT WITH A NON - RESIDENTIAL FLOOR 108 MULTI- FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT .5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9.140 THRU 45,53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF LOTS 51 AND 52 OF W. A. LARKINS SUBDIVI- SION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Provided that the above item is approved on first reading at the City Commission meeting of February 17, 2009, the second public hearing will be held at the City Commission meeting of March 2009• A copy of the proposed development agreement can be obtained at the City Clerk's office at 6130 Sunset Drive in South Miami. If you, have any further inquiries on the above items, please contact the Planning and Zoning Department's -office at: 305 -663 -6326 ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 0/1169299M 2/6 v Q � = Una H N o N � LL CD O N m U Z iu � � N C m N ti � p n Z C to N °—D > U Q to N N t•f to D"1 t+t M .cn r C4 " Ndo r m L: Z a E o F Z Z5 p in N p Q G in U 0 O O O Oil N ...—& O W � N t4 O t!:v ai •� r Q A 48 0 s W a 0 z a a x a E r t z E A s L9 ovUOV G° -: y r 6 x k`16-i 81 4 Your kids love you : r: 4wouldn't you love to have one of their ?s miniature masterpieces on display at the ::': Y Coconut Grove Arts Festival? - All pieces submitted will be displayed at the MomsMiarriixom booth at the Festival, February 14 to 16. A distinguished panel will select one work of art from: Elementary School — Winner will receive 2 "Dolphin Encounter" certificates for a shallow water dolphin interaction at Miami Seaquarium Middle School — Winner will receive 2 "Dolphin Odyssey" certificates for a deep -water dolphin interaction at Miami Seaquarium Entries must be 8 -1/2 x 11" in paint, crayon, pen & ink, DoT in Harbor Photography or digital art. Entries must be received by February 11 and must be mailed to: Art of Love Contest, N' {ANI 5E QYAMt {ills Miami Herald Marketing, One Herald Plaza, 2nd Floor, Miami, FL 33132. 1-160 V15miami.eom ' s NO PURCHASE 1S NECESSARY TO ENTER OR WIN. Begins January 26, 2009 and ends February 11, 2009. Void where prohibited. .nrsaerrmn Sponsored by The Miami Herald Media Company, One Herald BlueC 10- ShIe3d Plaza, Miami FL 33132 -1693. For complete instructions, log on to 8%RiM� of Florida WWW.mgm6miami.tOm. �i� "- _�•'•— MHPRT162 EXPERIENCE THIS, Doxe off In a hartlmotk- Climb a ruim Kiss a fish. Get married in a rain forez Sip a. mint julep. Do the samba. Grab the tail of a dancing dragon. L.our=ge on a teak deco And dream of your next Viral an KCCi • at1Ma16A • aRITIfN YYIga4 gUNDS • CNMGBSt11d1 • Ctriga4gg • C051A tt%A DOhtladiG�ta RFN)alK + E1 yltYAtapR +GglgraLatA • elOMpgRJS • CoS 4Jt80S: e8XK0 Musa • NftxAdai • VAhAMA - PU111Y- tlR/ita • Lt 14""= ►i" / n" ExperienceDestinations.com re? =?'e esrt.it>:ct o% x tart*trae 0 CITY OF SOUTH MIAMI ( COURTESY NOTICE € NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, February 17, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following items Resoluaon: A RESOLUTION RELATING TO THE ISSUANCE OF A CERTIFICATE OF APPROPRIATENESS PURSUANT TO SECTION 20- 5.19(E)(3) ( OF THE LAND DEVELOPMENT CODE FOR THE EXPANSION OF REAR BEDROOMS, INSTALLATION OF SWIMMING POOL, AND ( LOCATED AT 6282 MILLER DRIVE WITHIN THE CAMBRIDGE RESIDENCE I HISTORIC DISTRICT. Second Reading Ordinance. AN ORDINANCE RELATING TO AMENDING THE CITY OF SOUTH MIAMI CODE OF ORDINANCES, BY AMENDING CHAPTER TWO, SECTION 2.2.9 ENTITLED 'RESERVED" AND TO RE -TITLE THE PROVISION TO "PROPOSED ANNUAL BUDGET - SUPPORT DOCUMENTATION*. f AN AN Hdi i$ ORDINANCE eang Drdinance flEVOKING A DEVELOPMENT AGREEMENT PURSUANT TO FLORIDA STATE STATUE 163.3225 FOR A UNIFIED DEVELOPMENT PROJECT PREVIOUSLY KNOWN AS *PROJECT SUNSET" AND NOW IDENTIFIED AS THE 'FIRST ON SUNSET" 1 PROJECT WHICH INCLUDES THREE BUILDINGS UP TO FOUR (4) STORIES IN HEIGHT WITH A NON - RESIDENTIAL FLOOR AREA RATIO f OF.45AND THE FOLLOWING USES: 108 MULTI - FAMILY RESIDENTIAL UNITS, RETAIL USES, OFFICE USES, RESTAURANTS, BANK AND i PARKING GARAGES; ALL FOR PROPERTY LOCATED GENERALLY AT 5750 SUNSET DRIVE AND LEGALLY DESCRIBED AS LOTS 6 THRU 9, 40 THRU 45, 53 THRU 66 INCLUSIVE AND THE EAST 50 FEET OF 1 LOTS 51 AND 52 OF W. A LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. Provided that the above item is approved on first reading at the City Commission meeting of February 17, 2009, the second public hearing will be d at the City m Commission eeting of March 3 2009. A copy of the proposed development agreement can be obtained at the City Clerk's office at 6130 Sunset Drive in South Miami. 0 you have any fuller Inquiries on the above items, please contact the Planning and Zoning Department's office at 305.663 -6326 ALL interested parties are Invited to attend and will be heard. Maria M. Menendez, CMC Cary Clerk Pw=M to Florida Sonias 286.o105, the edr hereer adWa the pudic men a a perwn dedda m nwi any deddon max M e:a Board. m �oma g c J. m win, raped m ern miner maiderea at ft mwlq m heaft he ar the eea m t a record A d¢ P- 1-dinpe, and that er mdi Dun—, axaded Derma may need In eneare W a wmedm record d the Drove OF is made "ah remd j Mtarda OR ia>rghl and eNee� Wan which Ort eppW h b x EasM.